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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On July 24, 2019, the Defendant was sentenced to imprisonment with prison labor for night residence intrusion larceny, etc. at the Gwangju District Court, which became final and conclusive on August 1, 2019.
【Criminal Facts】
On April 19, 2019, the Defendant stated that “The Defendant borrowed KRW 2.3 million from her friend due to car tax,” by telephone, to the victim B, who was aware of while working together at a soup place at a soup place, and the Defendant borrowed money from her friend, the divorce lawsuit with the former husband was organized on August 2, 2019 and the money was deducted from division of property.”
However, in fact, the defendant did not have a divorce lawsuit with the former husband and did not have any property to be received by division of property, and even if he borrowed money from the victim, he did not have any intention or ability to complete the payment.
As such, the Defendant, by deceiving the victim, received KRW 2.3 million from the victim to the new bank account in the name of the Defendant living together with the Defendant on April 19, 2019, and received KRW 2.5 million in total from the above date to July 16, 2019, as shown in the list of crimes in attached Table, from the above date and time to July 16, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning B;
1. Copy of each bankbook;
1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (verification of the date of confirmation of the judgment, etc.);
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. The circumstances and decisions that are favorable in the latter part of Articles 37 and 39(1) of the Criminal Act to recognize and reflect the error of the reasons for sentencing, and that the two times of fines and one-time imprisonment were committed in the instant crime, despite the fact that there were the past records of being sentenced to a single imprisonment, and that there was no way to commit the instant crime, such as inducing male living together to engage in the act of attorney-at-law in order to deceive the victim, and that there was no yet any damage recovery or agreement with the victim.